Legal technology, technology law and other musings

Last summer, I was asked the question “Are there really too many lawyers?” I wrote a reply and remembered the other day that I never posted it.

Unlike when you write something for a print publication and might have to wait months for an article to appear, the great benefit of having your own blog is that you can publish it to the world immediately – assuming that you remember to do so.

In the spirit of clearing out 2015 to get a fresh start in 2016, here’s my answer, at least last summer (because I haven’t edited it), to the question “Are there really too many lawyers?”

Are there really too many lawyers?

The science fiction writer William Gibson (@greatdismal) his the source of the well-known quote, “The future has arrived – it’s just not evenly distributed yet.” That’s a good framework to consider the “too many lawyers” question.

That question suggests that the primary issue is one of quantity and the Goldilocksian test of too much, too little or just right. However, that approach misses the most interesting and important facets of the question – distribution, allocation and, ultimately, adaptability of lawyers and the legal profession.

There are a lot of lawyers in the US – a whole lot of them – and many more enter the profession every year. Lawyers also have a tendency not to retire, at least not at an age like 65. The total number inexorably grows.

At the same time, we all see stats that perhaps 80% of people (and probably small businesses) can’t afford or find the lawyers to perform the legal services they need. There are areas like public defenders, judges and certain practice areas where there is a strong feeling that there simply aren’t enough lawyers. In my own world of information technology law, I would say that there is a severe shortage of lawyers knowledgeable in the practice area, which expands and grows more complex almost daily, or so it seems.

Perhaps paradoxically, we also live at a time where it is very difficult for lawyers to get tradition law firm jobs. Some would argue that we’ve had a few “lost years” where only a very small fraction of law school graduates got traditional law opportunities.

What I see is not a “quantity” issue, but an imbalance of supply and demand. In other words, the future of legal services might already be here, but it’s not evenly distributed yet. There is a mismatch of client need and lawyer availability, all aggravated by technology change (think Internet), geographic mobility (general population but not lawyer regulation) and, increasingly, globalization.

The “too many lawyers” question, to me, opens up the issues of legal service distribution and allocation of legal resources and alignment with the changing needs of an increasingly mobile, global and savvy client population with difficult and novel legal issues.

In so many ways, the practice of law has never been so interesting as it is today, with opportunities for creative approaches, futuristic technology tools, and ways to play a key role in the accelerating pace of change we see today.

However, too often today lawyers bemoan the “decline of the profession,” want to pull up the drawbridges and fill up the moats, and try to go back in time to some “mythical good times.”

We live in a world where commerce routes around “friction.” Lawyers have too often allowed themselves to be seen as part of the friction rather than the enablers of new approaches. The path of the Internet is littered with those who felt that what they did was so unique that the Internet would not be able to route around them.

The successful lawyers of the near future will be those who can better distribute and make available their services to the clients who need them. The successful firms will be the ones best able to identify, hire, retain and allocate lawyers to client needs. It’s not rocket science, but it requires a clear-eyed look at the present and the future and a willingness to look to new models rather than return to old structures. At least in my opinion.

The key is adaptability. Can lawyers adapt to changing times? It is reasonable to expect drastic changes on a regular basis within traditional practice areas. It is reasonable to expect clients to change, evolve and disappear. Lawyers must be adaptable to an accelerating pace of change.

Too many lawyers? I don’t know if there’s a magic number. I do know that the number of lawyers is not well distributed from the client perspective. Too many lawyers with adaptability? Not by a long shot. And, unfortunately for many lawyers who hesitate on adapting, the future is already here.

I had been seeing a lot of blog posts, articles, tweets and other mentions of AI, IBM Watson, machine learning and the like. I wanted to talk about it on the podcast. I had to convince Tom that we had something to add to the conversation. As usual, he did’t think he’d have much to say. And, as usual, when he says that, we have some of our longer episodes.

In a way, it was a perfect topic. I like topics where I can push Tom to react to some of my wildest ideas and we both start to see practical opportunities. This episode will also be known by us as the one where I left Tom speechless with one of my ideas.

There’s some interesting stuff in this podcast and I encourage you to listen to it and to subscribe to the podcast.

Here’s the show summary:

“Artificial Intelligence is a means of designing a system that can perceive its environment and take actions that will maximize its success.” -Tom Mighell

Developments in Big Data, machine learning, IBM Watson, and other advancements in technology have brought back the cyclical discussion of what artificial intelligence might mean for lawyers. Has anything really changed, or have we just reached another round of the AI debate?

In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell analyze recent discussions about artificial intelligence and lawyers, try to separate myth from reality, and ponder whether AI can take over the work of lawyers. Together, they discuss the definition of AI, robotics, Technology Assisted Review, driverless cars, document assembly software, LegalZoom and how lawyers are assisted or threatened by these technologies. Dennis points out that lawyers are often worried about computer system mistakes but comfortable with the lower success rate of humans. Tom aptly explains that comfort in certain technologies stems from psychological acceptance.

In the second half of the podcast, Dennis and Tom revisit traveling with technology. As Dennis was just in Europe, and Tom is headed there soon, they talk about wireless routers, mobile wifi, headphones, phone chargers, backpacks, and the other various technology necessities to bring on your vacation. As always, stay tuned for Parting Shots, that one tip, website, or observation you can use the second the podcast ends.

In the “B segment” of our next episode, which will be released soon, Tom and I revisited the topic of AI and Tom challenged me to come up with practical examples of the ways lawyers might use AI. I think even Tom will (grudgingly) admit that I won that challenge. Be sure to tune in to that episode.

A few weeks ago, I was honored to be inducted as a Fellow in the College of Law Practice Management, joining a group full of people I have long admired and gotten the opportunity to speak, write and work with over the years.

Even better, I got to attend the 2014 Futures Conference held at Suffolk University School of Law. Suffolk could not have been a better host and the program – a combination of TED-type talks and brainstorming sessions leading to a “Shark Tank” competition was quite fun, giving both the opportunity to learn and the chance to meet and collaborate with many other attendees. My thanks to everyone involved with the conference.

Dennis Kennedy

DennisKennedy.Blog was launched on February 15, 2003.

Dennis Kennedy is one of the few technology lawyers who is also an expert on the underlying technologies. Dennis an award-winning leader in the application of technology and the Internet to the practice of law.

This site gives you access to a wide variety of Dennis Kennedy's writings and information about how you can have Dennis speak to your organization or group.

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Dennis Kennedy is one of the most knowledgeable legal technologists you will find. - Michael Arkfeld.

Dennis Kennedy, a lawyer and legal technology expert in St. Louis, Mo., has been a significant influence in the ever-evolving relationship between lawyers and the Web. - Robert Ambrogi